By accessing the website at https://www.ecityenergy.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Eligibility.

You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. The Services are not intended for those under the age of 18.

Account Registration.

If you have entered into a Solar Power Purchase Agreement or Lease Agreement with Electric City Energy (“Electric City Energy Customer”), you must register for an online account to use certain features of the Service. You may be required to provide billing or additional information. When you register, you agree to (a) provide accurate, current, and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at customercare@ecityenergy.com.

Use Restrictions.

You will not:

(a) use the Service for any commercial purpose (unless you have entered into a separate agreement with Electric City Energy expressly permitting commercial use);

(b) use the Service to “stalk” or harass any person;

(c) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission;

(d) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;

(e) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

(f) “frame,” “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or

(g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.

Disclaimer

The materials/products on Electric City Energy’s website are provided on an ‘as is’ basis. Electric City Energy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Electric City Energy does not warrant or make any misrepresentations concerning the accuracy, likely results, or reliability of the use of the materials/products on its website or otherwise relating to such materials or on any sites linked to this site.

Limited Liability

In no event shall Electric City Energy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, due to business interruption) arising out of the use or inability to use the materials/products on Electric City Energy’s website, even if Electric City Energy or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on Electric City Energy’s website could include technical, typographical, or photographic errors. Electric City Energy does not warrant that any of the materials/products on its website are accurate, complete or current. We may make changes to the materials/products contained on the website at any time without notice. However, Electric City Energy does not make any commitment to update the materials/products.

Modifications

We may periodically make changes to these Terms. By accessing or using the Service, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree with any provision of these Terms, you must not use the Service.

Payments

We reserve the right to implement fees or change the fees for certain Services at any time by providing you notice on the Service or otherwise. If you elect to use the Service to pay invoices from Electric City Energy, you authorize us to charge or to direct our third-party payment processors to charge the credit card, debit card, or bank account identified by you (which you represent and warrant that you are authorized to use) for the amount of the selected invoice, including all applicable taxes. If you choose to use the Service to make recurring payments, you agree that your credit card, debit card, or bank account will automatically be charged by us or our third-party payment processors. If you wish to terminate a recurring payment and avoid a charge for a subsequent time period, you must do so at least 7 days before the next recurring payment. You may cancel a recurring payment by emailing us at customercare@electriccityenergy.com.

If Electric City Energy does not receive payment from your credit card provider or bank, you agree to pay all amounts due upon demand, and we may suspend your access to the Service in addition to any other remedies we may have under this Agreement or the Solar Power Service Agreement. Electric City Energy reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. All sales are final and Electric City Energy will not issue refunds.

Feedback.

Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively “Feedback”), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.

Third-Party Content.

The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk

Trademarks.

• Electric City Energy, our logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Electric City Energy and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Furthermore; We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the Federal Capital Territory, Nigeria; and you irrevocably submit to the exclusive jurisdiction of the courts in FCT State or State of our choosing.